Lesson 5 Marriage Contract

A marriage contract is a contract made in due form of law, by which a free man and a free woman reciprocally engage to live with each other during their joint lives, in the union which ought to exist between husband and wife. By the terms freeman and freewoman in this definition are meant, not only that they are free and not slaves, but also that they are clear of all bars to a lawful marriage.

Notes: reciprocally − обоюдно, взаимно; lawful marriage – законный брак.

Exercise I. Read and translate the example of Marriage Contract using the words and expressions below:

Marriage Contract

This Marriage Contract is entered into as of April 9, 2006 (the “Effective Date”) between Mr. Raymond, a man of sound mind and character, and of lawful age (the “Husband”), and Mrs. Raymond, a woman of sound mind and character, and of lawful age (the “Wife”).

I. The Benefits

Both of the parties shall have the usual and customary duties of marriage including, but not limited to, the following:

Mutual sexual congress

It is specifically agreed that each party will endeavor to maintain high standards of hygiene and physical fitness so as to remain attractive one to the other.

Mutual society

Mutual rearing of children

Mutual support, including, but not limited to:

Financial: although the Husband shall be the person who works outside the home primarily so long as he is able. So long as the Husband is the party who is the primary provider of income into the home, the Wife shall be the person primarily responsible for childcare, housekeeping, cooking, and cleaning.

It is agreed that until such time as the parties have accumulated enough wealth whereby the survivor of the parties could rely on such wealth for all his or her sustenance for a period of no less than _______ years, life insurance will be acquired and paid for to provide enough money for said term of sustenance.

II. The Prohibitions

The following activities or behaviors shall be considered violations of the marriage contract:

Adultery:

Adultery is defined as any sexual activity or conduct with any person or persons not a party to this agreement.

Abandonment:

Abandonment shall be defined as either the filing in state court of any instrument seeking either legal separation or legal dissolution of the marriage, or desertion from the marital home for a period of no less than six months - whether support is paid by the deserting party or not.

Assault against a party or child of this marriage:

Assault is defined to be injurious or potentially injurious unwanted physical contact. A child of this marriage shall include any child of either party who is living with the parties and any adopted child.

Criminal behavior:

Criminal behavior shall be defined as one party’s willful and ongoing activities in violation of law such as would subject that party and/or the household to criminal sanctions and incarceration.

Dangerous behavior:

Dangerous behavior shall be defined as one party’s willful participation in behavior that has not been agreed upon by both parties that subjects the other party and/or the household to physical danger.

Ejection:

Ejection shall be defined as one party’s ejection of the other party. Ejection is the removal of the other person from the marital home. Ejection need not be by force to be prohibited by this agreement. Ejection may be demonstrated by removal of the other party’s personal property from the marital home, the changing of the locks, or the mere demand by one party that the other party leave the marital home.

Habitual drunkeness or drug intoxication:

Habitual drunkeness or drug intoxication, whether criminal or not and whether the result of an illness or not is prohibited. Habitual drunkeness or drug intoxication shall be deemed to include a party’s being under the influence of alchohol or drugs to a noticeable or perceptable degree more often than ___ days per month.

It is specifically agreed and understood that becoming physically or mentally ill is not prohibited conduct. The other party’s becoming physically or mentally ill is not, in itself, prohibited by this contract and cannot be the basis for seeking a remedy under this contract.

It is specifically agreed and understood that becoming financially poor is not prohibited conduct.